European Commission launches Motorola Mobility patent probes

The European Commission has opened two antitrust proceedings against Motorola Mobility to determine whether the business has abused its patents.

The investigation comes after complaints from Apple and Microsoft. The first probe will examine whether Motorola Mobility abused its market position by seeking injunctions against devices like the iPhone, iPad and Xbox because of patents it said was essential to produce standard-compliant devices. If it did, it would be in breach of commitments made to standard setting organisations, in which Motorola agreed to license standard-essential patents on fair, reasonable and non-discriminatory (FRAND) terms. The second investigation will look at whether the company offered unfair licensing conditions for its standard-essential patents.

A European Commission spokesman said the cases would be examined as 'a matter of priority'. He added: 'It does not prejudge the outcome of the investigations'.

A Motorola Mobility spokesperson said: 'MMI is confident that a thorough investigation will demonstrate that it has honored its FRAND obligations and complied with antitrust laws. MMI will continue to work closely with the European Commission to resolve this matter as soon as practicable.'